EFEKTIVITAS KONDISI KHUSUS FIDIC DALAM MENCEGAH SENGKETA DAN MENINGKATKAN EFISIENSI PROYEK

Abstrak

The global construction industry, including Indonesia, faces persistent challenges of contract disputes, leading to delays and cost overruns. The Fédération Internationale des Ingénieurs-Conseils (FIDIC) contract is widely adopted to mitigate such risks. This paper analyzes the strategic role of Particular Conditions of Contract in the FIDIC standard as a preventive tool to reduce disputes and improve project efficiency. Using a literature review of case studies and relevant FIDIC clauses, the study finds that well-formulated Particular Conditions—tailored to project-specific and local legal contexts—play a key role in dispute avoidance. Critical aspects include clear risk allocation, precise scope definitions, fair contract adjustment procedures, and phased dispute resolution mechanisms like Dispute Adjudication/Avoidance Boards (DAABs). These components, when embedded effectively in the Particular Conditions, help identify potential conflicts early and manage them constructively. Consequently, projects benefit from enhanced schedule reliability, better resource optimization, and overall efficiency. The paper recommends prioritizing the development of transparent and context-sensitive Particular Conditions as part of a proactive contract management and risk mitigation strategy in FIDIC-based construction projects.